Retention of Communications Data (Code of Practice) Order 2003

Explanatory Note

(This note is not part of the Order)

This Order brings into force the code of practice prepared under section 103 of the Anti-terrorism, Crime and Security Act 2001, and to be issued under section 102 of that Act, relating to the retention by communications providers of communications data obtained by or held by them. The code shall be admissible in evidence in any legal proceedings in which the question arises whether or not the retention of any communications data is justified on the grounds that a failure to retain the data, would be likely to prejudice national security, the prevention or detection of crime or the prosecution of offenders.

The code of practice will be published by the Stationery Office Limited and copies may be obtained from the Stationery Office Bookshops. It will also be published on the Home Office website at www.homeoffice.gov.uk/terrorism/reports/index.html